A/HRC/43/51/Add.2
of society did not inhibit functional autonomy, and that they did not discriminatorily
impose restrictions on potential sources of funding aimed at supporting the work of human
rights defenders other than those ordinarily laid down for any other activity unrelated to
human rights to ensure transparency and accountability. He stresses that no law should
criminalize or delegitimize activities in defence of human rights on account of the origin of
funding. He warmly encourages the Government to continue working with civil society, the
National Human Rights Commission of Mongolia, international experts and others who can
provide strategic advice to ensure that any amendment to the existing legislation meets
international standards pertinent to freedom of association.
45.
The right to freedom of peaceful assembly is well protected by the domestic legal
framework. For protests to happen, individuals just need to declare to the local authority the
time and place where their assembly will take place. In practice, however, some groups
such as trade unionists, lesbian, gay, bisexual, transgender and intersex persons and
children human rights defenders, reported facing some hurdles. Reportedly, they are at
times requested to find another location or another day because a concurrent demonstration
or a public event had already been scheduled. It is also reported that for some
demonstrations, such as those organized by the lesbian, gay, bisexual, transgender and
intersex community, police sometimes check the identity cards of participants prior to their
joining demonstrations, which may deter individuals from exercising their right of peaceful
assembly. In other cases, authorities simply refused to register the event, alleging moral
grounds. This has happened repeatedly in the past few years when the metropolitan
Ulaanbataar city government restricted access to the Sukhbaatar Square for activities of the
Equality and Pride Day organized by the lesbian, gay, bisexual, transgender and intersex
community.
46.
The Special Rapporteur also heard testimonies that trade unions at times face
hindrances to exercise their right to strike. The Special Rapporteur underlines that the right
to strike should be guaranteed during all phases of collective bargaining agreements,
including in situations where the collective bargaining agreements fail to be implemented.
While noting that several business owners sit in the Parliament, he encourages the
authorities to ensure any changes to the labour code provide for greater protection for the
rights of unionists and workers.
F.
Access to justice and remedies
47.
The Special Rapporteur is deeply concerned about the disturbing deaths of
Lkhagvasumberel “Sumbee” Tumursukh, whose body was found in Khuvsgul Lake on 11
November 2015, and of Luntan Bolormaa, who was found dead at her home with a brain
haemorrhage caused by a concussion in the occipital bone on 21 November 2015. In both
cases, the defenders had been working on sensitive matters, including allegations of
corruption. Both individuals had also been subjected to threats and appeared to have died in
mysterious circumstances. It is vital for the Government of Mongolia to reopen the cases,
investigate them properly with due consideration to the fact that they were both human
rights defenders, and provide their families and the public with detailed reports on the
investigations conducted. These two cases are highly troubling because they also instilled
fear among the human rights defender community and deterred some of them from
pursuing their work.
48.
Access to justice is essential in realizing the right to effective remedies. On 9 May
2019, the Parliament approved amendments to the Administrative Courts Procedure Law.
According to the amendments made, administrative courts that adjudicate disputes between
individuals and public authorities are no longer in a position to oversee decisions made by
the Cabinet when these are made in accordance with directives and guidance from the
Parliament. These amendments were approved with a slight change, after the President had
initially vetoed the text. The Special Rapporteur is seriously concerned that these
amendments will prevent individuals and civil society groups from claiming damages from
government action or inaction, notably those concerning mining and exploration licences or
those related to land issues. Although non-governmental organizations have had the
possibility to lodge class actions on behalf of others on matters of public interest since
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents